The Supreme Court, under the leadership of Justice Lovelace Avril Johnson, has unanimously dismissed a petition filed by broadcast journalist Richard Dela Sky, challenging the constitutionality of the Human Sexual Rights and Family Values Bill, widely known as the anti-gay bill.
Dela Sky’s petition sought a court ruling declaring the bill null and void, arguing that it was unconstitutional. However, the court rejected the challenge, affirming the constitutionality of the bill.
The anti-gay bill, which has been met with both strong support from religious and traditional groups and criticism from human rights organizations, seeks to criminalize activities related to LGBTQI advocacy. The legislation proposes penalties for individuals who promote or fund such activities, as well as those who indirectly support them.
Supporters of the bill argue it is essential for preserving Ghana’s cultural and family values, which they claim are under attack by foreign ideologies. However, opponents contend that the bill violates basic human rights, including freedoms of expression, association, and equality.
The legal challenge, brought by Richard Dela Sky and equality advocate Amanda Odioi, centered on claims that Parliament had failed to meet the necessary quorum, as outlined in Articles 102 and 104 of the Constitution, during the bill’s passage. The petitioners argued that this failure rendered the legislative process and the bill itself unconstitutional.
Despite these legal arguments, the Supreme Court upheld the bill’s constitutionality, allowing the legislative process to continue.
